Blow to Gov’t as Court of Appeal declines to lift orders stopping SHIF implementation

The governments bid to have the Court of Appeal set aside a High Court order blocking the implementation of the Social Health Insurance Fund (SHIF) ran into headwinds after a three-judge bench declined to grant their prayer.

The court instead set Friday, January 19, 2023 as the date they will deliver the judgement that will determine the fate of the Social Health Insurance Act, 2023 which establishes SHIF which is set to replace the National Hospital Insurance Fund (NHIF).

The government, while pleading its case through Senior Counsel Fred Ngatia, said the High Court order had resulted in many Kenyans being denied medical care against the provisions of the Constitution.

President William Ruto said: “Wale watu wa mapato ya chini, kina mama mboga na hawa wengine, tutawawapunguzia NHIF kutoka Ksh.500 mpaka Ksh.300. Tayari tumepeleka sheria bunge, bunge wamepitisha, lakini kuna watu wamepeleka hiyo mambo kortini ati mwananchi aendelee kulipa Ksh.500.”

Senior Counsel Fred Ngatia, representing Health Cabinet Secretary Wafula Nakhumicha, said the court orders had disenfrachised many Kenyans who were now unable to access medical care since the enactment of the Social Health Insurance Act, 2023 repealed the NHIF Act, imploring the court not to allow legal wars to deny Kenyans a Constitutional right.

The Attorney General, through his lawyer, also pleaded with the court saying many patients were hurting and that while the court’s decision was being waited upon, the existing orders be lifted.

But Harrison Kinyanjui, representing the respondents, told the court not to grant the temporary relief since the aggrieved parties had not adduced evidence that a Kenyan had been denied access to healthcare.

With Kenya Kwanza having protested the numerous injunctions that have since frustrated the implementation of various policies, President Ruto leading the pack of those hitting out at unnamed individuals; he has however remained steadfast that he will not allow the Judiciary to be used to scuttle his plans.

“Na wale wameenda kortini ni watu wezi na wakora wanaiba pesa NHIF, na ninawajua nawaambia hiyo pesa hawataiba tena whatever it takes, tumebadilisha sheria na tumehakikisha pesa ya umma imesimamiwa vizuri, na ufisadi tutakabiliana nayo,” said the President.

The government in documents filed before court indicated that 17 million Kenyans who rely on NHIF risked failing to get adequate healthcare if the High Court orders were upheld.